Is there an actual Law that says the person responsible for a car accident has to pay the expenses?

Question

It seems that it is general practice to make the person at fault for a car accident responsible for covering the other driver's expenses, but is there an actual law that states this? I'm looking for California law specifically. I'm dealing with an insurance company (the other driver's) that doesn't want to pay my rental car expenses. The other driver was declared fully responsible for the accident and everything I've read online says they should pay for it, but if it goes to court I want to be sure there is an actual law that says they need to pay it. I'm hoping if I can familiarize myself enough with the laws that hold them accountable, and let them know that I am sure the court will rule in my favor, it might dissuade them from letting the case get to the courtroom before we settle.

Answer 1

MSAD is correct.  You will not find any statutes anywhere to this effect.  The 'at fault must pay' concept is based upon decades and decades of legal precedent, in which the assumption of the courts is that the one who caused the damage is required to compensate the one who suffered the damages.

In all cases, it is the decision of the courts as to whether or not the other person was 100% responsible and how much of the damage needs to be reimbursed.

Answer 2

Yes, many of them, actually.  The whole history of people suing other people for damages and winning, is called "Case law".  There's TONS of case law for auto accidents.

If you have problems concerning YOUR claim, the BEST person to talk to, is YOUR AGENT.  There are situations when rental expenses are NOT fully covered - like, if your car was totalled, when they give you the check, rental coverage ceases.  And not all rental coverages ARE covered, usually just $25 a day.  If you buy insurance, or return the car with the tank empty, well, those extra costs are YOURS, not the other driver's.  

And, they only are responsible to pay, while your car is being repaired.  Not while it's waiting in line to be repaired! Not because it's not convenient for you to return the rental car!  

So, not having ANY specifics, you'd have to go to a library, and see the thousands and thousands of case law files.

Answer 3

No.  There is no such law.

In general, the insurance company owes you reasonable reimbursement for your loss of use. That does not mean that they owe you what ever rental charges you rack up.

They do not owe you insurance on the rental car. So if you purchased that from the rental car company -- you will have to pay that.

Once they make an offer on your total loss - their obligation ends.  They do not owe to pay for a rental car until you accept their offer.

If your shop is backed up and can not get to your car -- they do not owe you for the period the shop is backed up.

If your car is safely drivable... they do not owe you a rental car until the period the car goes into the shop and the shop begins repairs on it.

They owe the daily rate and tax. They do not owe mileage charges, additional driver charges, fuel charges.  

You can call the insurance department in your state and get more information regarding this issue.

Answer 4

You cannot file a claim against another party's insurance.  You can ASK them to pay, but only the policyholder can actually file a claim with them.

Your alternative is to sue the other party.